The Building (Amendment) Regulations (Northern Ireland) 2010

Statutory Rules of Northern Ireland

2010 No. 1

Building Regulations

The Building (Amendment) Regulations (Northern Ireland) 2010

Made

4th January 2010

Coming into operation

31st March 2010

The Department of Finance and Personnel makes the following Regulations in exercise of the powers conferred by Articles 3, 5(1), (2) and (3) of, and paragraphs 2, 3, 4, 12, 18, 19, 21 and 22 of Schedule 1 to the Building Regulations (Northern Ireland) Order 1979(1) and now vested in it(2), and after consultation with the Building Regulations Advisory Committee and such other bodies as appear to be representative of the interests concerned(3).

Citation and commencement

1.  These Regulations may be cited as the Building (Amendment) Regulations (Northern Ireland) 2010 and shall come into operation on 31st March 2010.

Interpretation

2.  In these Regulations “the principal Regulations” means the Building Regulations (Northern Ireland) 2000(4).

Transitional provisions

3.—(1) The principal Regulations shall continue to apply to—

(a) plans deposited or a building notice given in accordance with the principal Regulations before the commencement of these Regulations;

(b) building work carried out in accordance with such plans or such building notice with or without any departure or deviation from those plans or that building notice; and

(c) building work completed before the commencement of these Regulations,

as if the amendments effected by these Regulations had not been made.

(2) In paragraph (1)—

(a) “building notice” means a notice given under regulation A10 (Giving of notices and deposit of plans) of the principal Regulations; and

(b) “building work” has the same meaning as in the principal Regulations.

Amendment of the principal Regulations

4.  The principal Regulations shall be amended as provided in regulations 5 to 9.

Amendment of Part D (Structure)

5.  For Regulation D2 there shall be substituted―

D2.    Disproportionate collapse

A building shall be designed and constructed so that in the event of damage occurring to any part of the building, the extent of any resulting collapse will not be disproportionate to the cause of the damage.”.

Substitution of Part J (Solid waste in buildings)

6.  For Part J (Solid waste in buildings) there shall be substituted the Part set out in Schedule 1.

Amendment of Schedule 2 Part A - Giving of notices and deposit of plans

7.  In paragraph 3 of Rule F: Additional requirements—

for “DOE(NI) Technical Booklet D: 1994” there shall be substituted “DFP Technical Booklet D: 2009”.

Substitution of the Table in Schedule 4 (Structural loadings)

8.  For the Table in Schedule 4 to the principal Regulations there shall be substituted the Table set out in Schedule 2.

Amendment of Schedule 5 (Deemed-to-satisfy provisions)

9.—(1) For Table D in Schedule 5 to the principal Regulations there shall be substituted the Table set out in Schedule 3.

(2) For Table J in Schedule 5 to the principal Regulations there shall be substituted the Table set out in Schedule 4.

Sealed with the Official Seal of the Department of Finance and Personnel on 4th January 2010.

Philip Irwin

A senior officer of the

Department

Regulation 6

SCHEDULE 1 Part to be substituted for Part J (Solid waste in buildings) of the principal Regulations

PART J Solid waste in buildings

J1.    Interpretation

In this Part—

INDIVIDUAL WASTE CONTAINERS means moveable containers for the storage of waste from a single dwelling;

COMMUNAL WASTE CONTAINERS means moveable containers for the storage of waste from more than one dwelling;

WASTE means solid waste; and

WASTE CHUTE SYSTEM means a system comprising of a hopper or hoppers; a waste chute or chutes; a waste container chamber or waste container chambers and associated ventilation provisions.

J2.    Solid waste storage

(1) A building shall be provided with adequate space for the storage of waste in containers, and such space shall be—

(a) sited so as not to be prejudicial to the health of any person;

(b) sited so as to be reasonably accessible for use by people in the building for the storage of waste and for emptying or removing each container;

(c) of sufficient area having regard to the number of necessary containers and the frequency and method of removal; and

(d) reasonably accessible to the waste collection point.

(2) Every dwelling—

(a) on or below the fourth storey of a building shall have adequate space for individual waste containers or access to communal waste containers or a waste chute system; and

(b) above the fourth storey of a building shall have access to a waste chute system.

J3.    Waste chute systems

A waste chute system shall—

(a) be of such size, layout and construction as will ensure the hygienic conveyance of waste to a waste container;

(b) be capable of facilitating the segregation of waste;

(c) be constructed of non-combustible materials;

(d) have non-absorbent inner surfaces;

(e) have adequate means of ventilation to the external air; and

(f) be so constructed as to prevent the ignition of any part of the building in the event of any waste within the system catching fire.

J4.    Deemed-to-satisfy provisions for regulations J2(1)(b), J2(1)(c) and J3

(1) The requirements of regulation J2(1)(b) shall be deemed to be satisfied, in the case of a building specified in column (2) of Table J opposite the reference to that regulation, if—

(a) the waste container space is sited in accordance with the provisions specified opposite thereto in column (3); or

(b) the waste container space is sited in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

(2) The requirements of regulation J2(1)(c) shall be deemed to be satisfied, in the case of a building specified in column (2) of Table J opposite the reference to that regulation, if the waste storage area is sized in accordance with the provisions specified opposite thereto in column (3).

(3) The requirements of regulation J3 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table J opposite the reference to that regulation, if the waste chute system used in the building is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

Regulation 8

SCHEDULE 2 Table to be substituted for the Table in Schedule 4 (Structural loadings) to the principal Regulations

Table to Regulation D3(1)(a)

Regulations (1)	Loadings (2)	Publications (3)		Amendments (4)
(#) Dead load for the purposes of BS EN 1991-1-1: 2002 means self weight.
($) Excluding imposed roof loads.
(*) A BS EN must be read in conjunction with its associated National Annex.
(+) To be read in conjunction with BS EN 1990: 2002.
(@) Snow loading.
D1 Stability	dead(#) and imposed loading	(a)	BS 6399: Part 1: 1996($); or	AMD 13669
		(b)	BS EN 1991-1-1: 2002(*) (+)	AMD 15507
	imposed roof loading	(a)	BS 6399: Part 3: 1998; or	AMD 6033
				AMD 9187
				AMD 9452
				AMD 15509
		(b)	BS EN 1991-1-3: 2003(*) (+) (@)
	wind loading	(a)	BS 6399: Part 2: 1997; or	AMD 13392
				AMD 14009
		(b)	BS EN 1991-1-4: 2005(*) (+)	—

Regulation 9(1)

SCHEDULE 3 Table to be substituted for Table D in Schedule 5 (Deemed-to-satisfy provisions) to the principal Regulations

Table D

(Structure)

Regulations (1)	Structural work (2)	Publications (3)		Amendments (4)
Notes―
(#) A BS EN must be read in conjunction with its associated National Annex.
(*) To be read in conjunction with BS EN 1990: 2002.
D1 Stability	foundations (general)		BS 8004: 1986	―
	foundations for houses and small buildings	(a)	BS 8103; Part 1: 1995; or	AMD 8980
		(b)	DFP Technical Booklet D: 2009: Sections 1 and 5	—
	reinforced, prestressed or plain concrete	(a)	BS 8110: Part 1: 1997;	AMD 9882
				AMD 13468
				AMD 16016
				AMD 17307
			BS 8110: Part 2: 1985; and	AMD 5914
				AMD 12061
				AMD 16017
			BS 8110: Part 3: 1985; or	AMD 5918
		(b)	BS EN 1992-1-1: 2004(#) (*); and	—
			BS EN 1992-1-2: 2004(#) (*)	—
	suspended concrete floors for houses		BS 8103: Part 4: 1995	―
	composite steel and concrete	(a)	BS 5950: Part 3: Section 3.1: 1990; and	AMD 16721
			BS 5950: Part 4: 1994; or	—
		(b)	BS EN 1994-1-1: 2004(#) (*)	—
	steel	(a)	BS 5950: Part 1: 2000;	AMD 13199
				AMD 17137
			BS 5950: Part 2: 2001; and	—
			BS 5950: Part 5: 1998; or	AMD 16502
		(b)	BS EN 1993-1-1: 2005(#) (*);	AMD 16568
			BS EN 1993-1-5: 2006(#) (*);	—
			BS EN 1993-1-8: 2005(#) (*);	AMD 16291
				AMD 16571
			BS EN 1993-1-10: 2005(#) (*); and	AMD 16293
				AMD 16569
			BS EN 1993-1-3: 2006(#) (*)	—
	aluminium	(a)	BS 8118: Part 1: 1991; and	AMD 10485
			BS 8118: Part 2: 1991; or	AMD 10486
		(b)	BS EN 1999-1-1: 2007(#) (*); and	—
			BS EN 1999-1-3: 2007(#) (*)	—
	masonry (general)	(a)	BS 5628: Part 1: 2005	—
			BS 5628: Part 2: 2005; and	—
			BS 5628 Part 3: 2005; or	—
		(b)	BS EN 1996-1-1: 2005(#) (*);	AMD 16209
			BS EN 1996-1-2: 2005(#) (*); and	—
			BS EN 1996-3: 2006(#) (*)	—
	masonry walls for housing and small single storey buildings	(a)	BS 8103: Part 2: 2005; or	—
		(b)	DFP Technical Booklet D: 2009: Sections 1, 3 and 4	—
	timber (general)	(a)	BS 5268: Part 2: 2002; and	—
			BS 5268: Part 3: 2006; or	AMD 16541
				AMD 16972
		(b)	BS EN 1995-1-1: 2004(#) (*); and	AMD 16499
			BS EN 1995-1-2: 2004(#) (*)	AMD 16498
	timber floors and roofs for houses	(a)	BS 8103: Part 3: 1996; or	—
		(b)	DFP Technical Booklet D: 2009: Sections 1 and 2	—
D2 Disproportionate collapse		(a)	BS EN 1991-1-7: 2006(#) (*); or	—
		(b)	DFP Technical Booklet D: 2009: Sections 1 and 6	—

Regulation 9(2)

SCHEDULE 4 Table to be substituted for Table J in Schedule 5 (Deemed-to-satisfy provisions) to the principal Regulations

Table J

(Solid waste in buildings)

Regulations (1)	Buildings (2)	Publications or provisions (3)	Amendments (4)
J2(1)(b) Solid waste storage	a dwelling not served by a waste chute system	the space for the waste containers is at a travel distance of not more than 30 m from the dwelling and sited so that the waste containers can be removed without being taken through the dwelling or any other building, other than a garage, carport or other open covered space	―
	a dwelling served by a waste chute system	BS 5906: 2005	―
J2(1)(c) Solid waste storage	a dwelling not served by a waste chute system	a washable hard-standing base not less than 1.8 m x 1.2 m to accommodate the waste containers and provide reasonable access	―
J3 Waste chute systems	any building	BS 1703: 2005; and BS 5906: 2005	― —

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building Regulations (Northern Ireland) 2000 (the principal Regulations). They do not apply to building work which has been completed, or for which plans or building notices have been deposited with a district council before the coming into operation of these Regulations.

The changes to the principal Regulations are as follows—

1.  Part D has been amended. The regulation to prevent disproportionate collapse now applies to all buildings, where previously it had applied only to buildings having 5 or more storeys.

2.  Part J has been replaced. It now recognises that most buildings have more than one waste container, and introduces provisions to require the allocated space for waste containers to be reasonably accessible to the waste collection point. It also makes provision for waste chutes in certain circumstances.

3.  A new Table has been substituted for the Table in Schedule 4 (Structural loadings). New Tables have also been substituted for Table D (Structure) and Table J (Solid waste in buildings). These new Tables recognise revisions to British Standards and, where appropriate, structural Eurocodes.

A Regulatory Impact Assessment has been prepared. Copies may be downloaded from www.buildingregulationsni.gov.uk, or alternatively, hard copies may be requested from Building Standards Branch, Department of Finance and Personnel, Level 5, Causeway Exchange, 1-7 Bedford Street, Belfast, BT2 7EG.

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC, as amended by Directive 98/48/EC.

(1)

S.I. 1979/1709 (N.I. 16), Article 5(1); as amended by S.I. 1990/1510 (N.I. 14), Article 38(1) and Sch. 1, Part II; and 2009 c.4

(2)

See S.R. 1999 No. 481 Art. 6 and Sch. 4, Part II

(3)

S.I. 1979/1709 (N.I. 16); Article 5(4)

(4)

S.R. 2000 No. 389, as amended by S.R. 2005 No. 295, S.R. 2006 No. 355, S.R. 2006 No. 440, and S.R. 2008 No. 170 as amended by S.R. 2008 No. 241 and S.R. 2009 No. 369